The Sun. — London, England, 1809-03-03 00:00:00

CITY, 8L151,11,,.:55% • -- 4 .C ,, URT OF'.COMMON COUNClL,•Maettcri z. . i •miceees'Of the t art Court being'edi ' . ra cif. F A e f o r the'.ptirPt-e•e'bt Ot: . *ting :a a standitie ordir teen ,voteit, "That no Member t coo 1. 0. -0 04,4 or ,:repointinent Gi l veriert fait , e.,hicti•he derives au•emo •ametit, Or who - re'i•ei,:es any incathe, salaty, or al- , t•vance firer ber3lroldin4 cenniessipiis in the I,en,lon ele4iblia to sera.,. on 1111 1 , ee or Cow • sips the. np;;ointm , ,-in ef this CeUrt:" . , T;413 . lie ‘,oli.;ideted-as dero g atory to the Court, and I t.nent.4. .wa-; not present wi.cri the bte.iness was . erou, , ,lit for ward ; as it k:vas ) • ho , ever, he ' shoidd con.ent Ilin se 'with giving notice tO ve ino,,. at the it Xt 4' otir ,their tilIS stantitng urtkr tic . re , qtintie-.1; • AtTlimAN coutended, that it was highly nectS,•:ir ;,tlioport the Resolution td uphold the 6 - We,eetlent character of the Court, which would beto , me (pleiiio"nable:if persons were•allowed to hold traicial anuirtions iti floe city, the dUties of Which • • might clash with those which the same parties held eneer GoveritMent. The Court, he caid, had pub- , hely exeressed their wish for a reform' of general ahti , es; and die would :lA, what would be the opi e • Ilion of the country of their sincerity' it they were to • reSeind thi , .; Order . . Mr. Alderman Bitten contended, ,that the:CeUrt had gone beyond I heit . power in.passiog flria.resolu tion. He'•had heard Gentlemen talk muc h in Speeches about. supporting their rights and • privileges, but the prestAtt meaSure they had struck at the hest interests of freedom.' Every ward had an equal right.,to send Members to that Court, who .every year,,,Went back to them for approval, and if.they could 'not discover any thing.objeetioneble in (heir Represeutatives' conduct, it 'was not in the . power of the . COurt• to raise. objee:tions and depiive them of their privileges.. 141 r. DiXo,N said, that - many Members of that ,Court had been, held up individually to dte • cote-: tempt and ridicule 'of the country.— (No - ! Ace • Gentlemen;. be raid, might cry " No,"' but he,. • maintained that it Was so and for no other tea4o4 - , than because they, had received a hair remuneration; - for their tosses, And to which their fidelity to . the . country fully eotpled them. Mr-Hatteei,Coirceived that the statid:ne• order might be considered by spine to ihrltide the situ t i on Irl Which h t ,, stood, ha% ing,receied a comeen siction, 4 tl4trican L ! , yalists, as. Adjudged by -Commissioners appointed by ,Parliament.' contended that this. compermtion ~ was widely dif ferent from any received mom corrupt motives ias his 'property, wai! CaCtificed ,!or ptililit: litirpoiei, he bad equal xight 61oeninity whether it 1.0). at tie Isle of Dogs, or on the shores of ,America... He tben obe,erved,,. that dtuing:tfie inaey yrS he had' beettin.that ceUct, he.had tilled va;•iou- tattiCes, and w,, s p rc• e : ,i t anointed . tO whets ) , lied Wits happy - having this onetiriguit yI I Caiiing uputi those wh o bad served with him, to Say,;' wheilier ever given a .vote that appeared. to bee!: 'letitied by. interested or eorropt . inetives ‘ , .hetherlie kid trot, on ths.colorin iii. ail occ,.t , ,ioos, exetted self to..prom eta theposrrity, ait,l sueeei thd ire; dependence. of the city of, London ? 4Acks supported the spirit. Et:-;oltit ion, but thought it was cairied too far., Ile .rt:!retted lie . wos not pra,,ent wineie it Was Originallyhrotieht for- "' wa rd, and ; 1 / 4 , dlingly bole totirnotiy to the impartial 2Dd upright toodllit of the List speaker.' Re co n - eloded by, observing upon ti.e 401,1.610 u of those Gen tlemen who Came within the Resolution 'as: it riow stood, aild, who could nothelp,thetnsfOvei4, 'hav'ing' engaged the it services from the sth of APril lait, • tilt the stli of next April. Mr. G'oponenicuE disel 4 imed. Rny intention" of holding persous . up to crinremp't : because, they Were 'loyal ; he did not believe, ,any supporter of 'this measure had ever broached such an idea. The argu ments used ,ag , tinst the Resolution were weak - , 'and not likely to divert the understanding. It was for the honour im'a iedependenee it the City, that 'per . • sons in public situations should crime to vote with • their_ ttiinds unbiassed. If Getiaetnet t . wanted a' modification,' it ti,ight have been Sn ; but it was an insult to propose, the abandonment of the nleasure• • Mr. RARPER explained. He did not - conceive himself as.shacklerl, as what. he, had ,ret:cived waa' neither boon nor bribe,. but amere ComnetiSation. 'Mr. WArritstAN fetid, that neither on this or a fo,rmet occ;ision,: had he made any, personal reflec tion or e...,presSedrartetitir towards . any individual,: ' Where .1 person gained a compensation for - a loSi sustained, . no .one ticuuPl consider 'it as a boiun„ or coming wit ton - the meaning of the, standing order. to • the general argumeats, he considered them ritlkuloes. lhe arguments. a Pentiep - i'in tiled,' , upon tne,rnocipies of fieccom and liberty; . would go to.deprive the Court of pow:er to-cheek abuses in stiy degree whatever. It it were in The po..ver of the Court toltiritout a Ndeniber i snrely it was in it, pow er n ditett such Miareber hoW he'shOtaid , a6t ; anti if Wards will., leet persOns who are .not, independent; W l O O . l O Oll eituations under Government,. or .3,vho are erobatrasscd io their cq,LlCllstiitlces ; , :ii , wa.i.bytt pre . per thet the Court should prevent•thefo,.sery iug.on Commitiees. ife conceived that the prejeaed mea sure was ot.ly au ire liretl way of putting the stand - -; its; order altogether aside. If airy' Gentleman b a d Cattle forward, and proposed that its operation should be suspended mail atter the sth of April, he would nor have opposed it. , •ylr, NIA, aIOTT said,, hehad' only brought forward Ilis molion to give those Gentlemen, who had given security to. fill their offices till the sth of Antil. next;- Il i! Opportunity to extricate, themselves. „. athendment, That Mr...TAnKs-then moved, as • the operation of the standing order should tme sus reticle(' until, after thebtli 'of April next," which was put and carried. Air, 'room As .A.) . a as, of the Ward Lpogbourn, was appointed tt.Governor of Christ's Hospitali The Cortirni t tee of City LandS delivored in a repOrt ! Telative tO retnoving the market now held in Smith- field to. Spa-fields, is Web teas read„ and: the'cOnsi .deratVort thereof adjourned till the titfx,l Cotirt,, which w ill he ,on Tuesdly next ; and there - port' was oriel*- . ed to printed, itud a copy scut to every Member -of thrieColut. lIP REPO lir: COURT-OF KING's 1,11:114H, NI - Azca 1. , SI fTINGS AT Neal PJUUS s BEFOkE ELLLN:IO-aOVGII AND A coitmoN J URY, DENJANIIN V. This was an action to recover dathages for as sault. Mr. GARROW stated the case to the Jury at some 'length ; the fads of which were shOttly as follows: The Plaintiff, and his wife and child had 'taken their passage' in the Defendant's ship, - which Was, twund from the West Indies to England. .As they. hail paid rite price usually charged to inslife passed . gent, they expected to receive every indiilgence and, Wind treinnent that the tneilifs of the Cainain could: alioid.- Mr. Miles and his - passengers, having set for England, mutual ',good . . understanding pie-, %ailed best wen them until Sunday evening the Ist cif Jantiary VIA, when' the ocenrienee' took place' that introduced this attion: Tbe,Orkied : tiTreall corn forti themselves, in .the. state cabin, Over a boy,' of rum punch, and, their spirit's becoming much exhilarated, thegreilleit MonY .ensued: The infant child of the Plaintitt forrned,anietr4ber,of the cheerful circle, bit its ten tier tnQther, conceiving that it 'was entitled to Rani cipate in the general leStiyities, proceeded 'to help it to some ruin punch. This circumstance so - much pleased the Commander, that he interposed ) his au thority, and desired the - m idler not to give . the, 'child such poisonous Stuff. The maternal `ten-' 4erness of the Plaintiff's wife being - :thus interrupted, some altercation ensued, which occasioned the has handl() interfere, who declared Co the Captain; that having paid for fib pas Sage, he expeajd'to he treated like a gentleman, and receive every indtilgenceithe ship,alforded. The Defendant, however, urged his:par. amount authority to order every tliinkas he liked in his ; high words arose, which terminated in the ,Defendant's pulling the Plaintiff twice by ihe. , nose, an aft in which he repeatedly'exulted, and. declared he would do again. The Plaintiff w ishing to decide the business in tt rhore'liOnohrable manner, accused the Defendant with a want of spirit in not going on deck w ith pistels 4 I"be .: Defetidant not being gifted with, such high notions of honour immediately,. struck the'Plaihthr a viblent blow on the eye., which oceasiOno4is bleeding priSfh%ely, and at the ••sanie : declared: hope,..,that he had. " blackened both. bis.optics." 'lshe Plaintiff's wife was not cal.l - during 'the scene, but Seeingher husband's mood spilt, she struck the . Detetidant'a blow in the' faCe; 'which terminated the 'contest.. . The only '..v. , aitnouy to support this case was that of the Deteudili:3 c,ihni-hoy, 'who was au eye and earwitness to ill that pa,i, - Lord ELLLNituaciucon.sumtped up. Ihe.evidence• for the Jury,; \vim loi.ind a verdict fur the Plaintiff— in4gett 1501, Mrs. Patridge rernonstraird, •upon he tlne,it -eureo to send her jrlso. Patridge thea,went ,awl;', and the defendant giving the Piaintiff 'in ciis- .. toff; to zi constable, she will dragge:d 0,;;Iy to tin. • Othnpter. "rile cpooed it) he.stpett,s, rh-e o)aver, in-, tertered, Laid the Defendant could nut be so inhu nian as td send her to gaol,for an accident, and col letted 2s. 6d. for. hey; -hut could ni)Oraise. - theAs , hole - . vv . ). The Defendant was again appealed td, hut .he. w,as inexorable, and the poor. 'girl was- hurried, to where she was thrust in amongst a groupe of 0610 s and obandoned 'females. In this - situatitur she iemained for ,several. hours, when, some triencts bailed her, anti she was I .. .berated on condition. of her appearing . belbre.the Alder t nan or) the following Monday. • It also appeared tlCat Mr. Parridge xifTered to leave his • watch in. plodge . with the Defendantas.: a:security for the repair of the. window ,J\10,..t0 gaol the Plaintiff int-.st zo, and to gaol she was car• . On the Monday' folloW , ing, when th&tase Was, heard before 'lllr. 'Alderman .11:t.cx:',N1,-tlie -worthy Mogiqtrate dismissed the.. charge,. andihtehetided . the defendant for his conduit. • " Afr. MmiIIYATT, in, answer to the charge, Said, • the Defelidatit' waS" not at fit'sf aware that'hiS• indow .was not .broken by design, but was reedy: to admit how that? a verdia must' go .agaiiist him. He had I;eett , influenced iti his coudua by the .Plaintilf and Mrs:. Patridge refusing to . sgive their acldre'sS, and indeed he stiriold prove‘that 'the latter had- assaulted"- him, .andused hku ezttremely'ille The Defendant's servant, and an old Lady, named Abrams, were theri,cillt:d into the bon, who said; that Mra. Patridge'refused to give her address, but one of them admitted that the girt ; said they were removing. from Cornhill to Holborn, but she did , no.t know the number of their new abOde. In an •swerto a gtiestion 'put by his Lordship, one of the wi , .nevies said, it was never pretended that the- girl . had broken the window hy design.. • Kiinber, the constable, who_took the. Plaintiff, in charge,' and 'cithie,d her to the' COmpter, WaS next' examined;'but gave his evidence with:suet' flippancy ; and . indifirence, that . . I.:4l . 4 : ll,autiaotiouOtt,ohaerve.l; - that- . nothing was so 'bad in. society u7- less it Was' divested of 'Stich as the ;witness, it was likely to prove a grater iinisance.than eveu riot and disoider. He regretted exceecinwlv that there was no one preSent the . part 'ut the 'Ciry of London, that he might o'n!ierVe'tipivrfliit:cas the way.it dservetf. • "-Where," said Alis Lordship, 'the Common Serjeant ?" • I .. letital then proceeded,' and. Mr. Teagtie, - 'llie . • Keeper' of_the coniptei-, 'was called,. who' priioed,: that the' Defendant; after* the 'Plaintiff • had bean, brOog lit hi, came ,to ..the , prison, and orfered to, pay, for a bed for the Plaintiff, sooner than she suonlcc tut , up all night. . . Mr. PAL: V. Made an , animated':reply, •-and the Defendant had greatly aggravated the, 'vase_ by., the sorvof defence. he had set, up., He concluded by 'calling upon thiOury, 0tP . 1 . (1;3' Ds . crf the' lice, to see 'that innocent individuals - were tiothur.t.- ried'away to a gaol with iniimnity, and there founded with.the Oilty, and thrust into dungeons of ,misery - and cont,itnination; - Lord lil'uttisßoarrudo. made an atlrnirable - tliArge to the Jury, replew, with luitnanitS , and . justice.— 'The he sail, haa coh..m;,eo orthc, ng,iihht the criminal law,iii involuptiirdy th'e .Q,:lendant's k - viltclakv; arid he-bail no right to de.4 • tain r; lunch less to let the Critnituil baud of jai-. tree tall upon her. He !IA no' more ,right. to au hat .he did, than be, has to 'take 'out a -I.nrytn.so frorn th bog and:send, him w gaol'. His ',or :Ishii.; then x.,ient over, the faas' of t case,. tiontment- **. jag 110Ar1" , cd seventy on the , 4.):A r eudao's duel as he proceeded. He w o 1 ) 1,1 n o t .belictve thnt Ali's.'•l'.itridge assaulted the, 'Defendant ; the: eVidently false. Ilad situ dOtie so, it , was not reasonable to suppose:lie would have: foiled to grasp at that which was 4 ,sufficient clear e, and • diredt himself to another ob'jen,'where no ground roe charge at all :ex The Odtentiant,.therefore, • 117 c uileAv out it l . tr . :s pt ; !rrvit th9,l46iwi anti shut the - door of iirstice upon the Plaintiff, • bad'greatly azgya vateci his case. His Lordship, after a variety of otti6t remarks, sand,,aft et „Complittutfrtting• Itlr. -.Alderman 13oxhani fbr dis.inissing the charge, concluded . that it'was'a . bighly aggravated cas'e, and fie trustecrthe, Jury Wonld not only give.sucli damages as would cOrupensate the Plaintiff for the injury she,had 'received, but such as would have the effeCt in fmnre Cif` mak ing persons Pailse bel'ore' they npplieil the Itln Of criminal j;istice -to ii•fello‘V subject in the abBente of a legal or. Sufficient cause.. f-tq would repent ; t_lt it waif a case that called for exeMplary damages... The Jury foundfoi• the Plaintiff, - .Darnag , S-L t5Ol. • .• When. the verail *As.gi tni. the persons nsiein bled to' hear the trial expcesied.their pprsb.4 t idn by an involuntary shout and a loud clapping of hands. They were, •however, called to order, 'and mentaty tuinult sUbsidefl: • 7 • ' •, • ; MARRIED. 1513 Vie' 2211 I.lit. 'at Si. Lconarips, Wrll'o l Sheldon, Esti". of Zray', - -init, to Nli,) Ilestr Cover; 91- ' Thornli,ugn.strcat, Baltt.rd.squart. ( in MvutiAY last, at Bourne, in liscolniltirc, Wm. Mt Monday; Esti ; of the Sputa ' trescent, ,Ihrtrorti-0 , 1 44(c ' ;444 I:l!urpe, of the former place. • k Yesterdai, at utnLy Chu, dl, Charles Ilat Esq ullai second son of `l'ttgntas Ilan - tine:sky; Esq. Dal , k .cr ' 1,, ot l'itomson„ 'third Ittughtee of lohn Thans °a ' 4. • R T. La' The day. at St. Narrinis Vintage. cv ' &Dans, tharn, 0; Ltattingtrorottgil, Lincolnshire, to Aliss ttantilita of the .late T. Matta E b of M. 014111), Yak &WIC, Yesten..l y se'Dni‘ht, at the Rcv. Fergus Grats of Artirtlret,. in Cuthberland, to Nliss PaleY. eldcst datigilt Of Lk.: hi to 1.)1. , Palgy, Aut nor ot Nitta al '1 heJlogy. i , . . B/A/). . , • t i On Monday the 27:h lilt. at liis seat, Sandi?Plit c * I}sC; F: I C O 3. :) , l ti vi t l l z t is ) , :i t i ,gr, l3" .a . ,7 ll , 7 s r ie, j, l in , ist,t44B i l r itt l i; :h . i w. tii: c,s. :rl o rn . rni t) ,e x ii , imil ls irc a .i rt - i . i:licizaartrislt ' he. wic., ik in .It ib .. b* • the town iurte.o.tered to the i:eb...l> in i74i- ....,. Yestcrl., I,•on;ght; aged ;3, itoger .Ne,vtim Pair , ....--,' -* ht Ll , erpot , i, lisiilcr. i , s., • ()I. ti , ..! 'SZII Ult. :1; l.":lleltenhain, after a lingering 4 1 4",`,7 Mrs. 1 - 4, ,, veil - relidt of lolth Rostveli, Usti. of BaifY"": r V; 1Ck10%14 irelttad,and aster efills tale Lad of Uglialuq .lll ` ---,tit : ,•, . •-••., .- . , PRICE 0 1 , 137Pc 4 . 5 • , yriTlig:DA V. ;I:,:lk t'tOClC, . ,1444i3 S toCk, 133 i i : . , ,v:: i pc: Cent. 9992. i I littlil 133:1,1i; ras. iZs. pr. I r',,.• - ;ter Cent . ' ' l'rxell }<lir s 1 g pt. , ,,•. , • . .. eq. i ,9 , o • , . 4 P;:i t, vot. g 3 ; i (Nl)llitlill, li pt. .pt i - ,..i.‘:1t. iwa. Cs; - E.S 1.1 - n!,,:ti.q 3 perCcrtt. . ; p.....; .:. ti! Cukn. 67 ;- 1 (.'9!*. tor .1.;:c. 67 ii rßysi:v. TAYLOR. • „ 1 , ThePlaititf itt t his tatis•e'is an artliOnd ihe . IDE= • ferftlititt; am'llitd;?tnit4. Tile ation was—brought .to recover vile,-spcn of ,Q6l, for desigps which pad 'wen turiiirlied to ,w•lr. who, it appeared aniious to prodnee to • the I,t,bionable World 3ottie ofon, a new consri=odion,•ortiOnetite'd wiih t tslrttll devise c. Tat; di..1 1 1 / 4 1its furnished by 11 , 1 r. Prise: Nkf'.l:' ,- 1 ailowyd wtali si•.:es to be, inimitable , and tht {poets ci;argeiti;ery moderate. • .• On the part oftlide Defendant, it ti;as eol,ll44ldedr' thlt the ( . Isifiqs in .quetiotri verr tkver, intended, to ( I.),,clprgeo hektcles being 3.; cave' and- and liatt • furtii'ol . eil 'the drawilkS - 'for the paptise'. of gainitig• employinent x.calryti: . ;• lila, it , was •stiptitaied .betweentlie. parlies, the. Haintillcsliould ex elusi‘ ely•e:iecute otders derived from li oyd dt - sigh:C.lTl'Defendant acknol:elv.dged a MR. 0161. for carting work, w,hiclt he paid into Court, Lord ELLENEottnugat.s4id,, the only question,l9r , the .fairy to deci.ie, was, wbcther the cfravinatst were • none upon a sp . eiti:il contra&,' or whether they 'were' furnished for . the purpose cif extencling the naintiff`ii flow atut ineresoing, Alt r a tew _minute, 4:libe.ii - atnin, the Jury gave their %et - chalet : the Defe,ndallt.. MARC 2%. ASSAULT AND FALSE,IAIPKISONN4CIi.T. DUNN V. LEWIS. .This vias action brought by Tatum &Dtian:la maid-servant against Mr. 4s,yis, a truss and comb 7 maker on Ludgate-hill, to recover 'a compensiiiii;n, for an assault and fatse itnprisontuent she t.itrurect at his hotcdf, Mr. PABISZ told. the Jury that it ,was-a case of great petblic inters t, inasmuch as it would.shew the fallacy of a prevailing notion, that'if an indiVidual, by accident broke a shopkeepersi WindOw,, passing along any of the public streets,. the ,shopkeeper - had a right to detain that tndi% idual till arecompence was made, Nothing could be more erronCons, and whoever detained a person undersuch - circumstancett adlcd and might be 'sued in an action of damaged,-Tfic_ Ltiarned Counsel then laid ilia' case before the fury, and called tilitnesses 'support of it,. - , The fa 61.1 as proved, in evidence, Slaw, that the . Plaintiff liyed 'SCII'44II. , .with a Mr, Patridp, and on the,4th last, he 'having cl'ru his tv:F.,i denee frotit Corttbill . to Holborn, Mrs. Vatridge pod the 1 , 1341(0 were proceetlint , to their new.atioste, the . ' lattechavinis a tun: le of catenary articles under her aim. The day was a very inelententotte, tind "passing downl4o,lgate-hill, the girl sipped over &tithe snow and ice' that had accenaulated before the Defendant's door, and fell to the ground. • In. he fail she broke a, votie,ol glai.s in, the Defendant's window, besides Oeitroying nrany of the articles she wai carry B efore thu. - poor girt could rerover herself from the pain and-rpoinsion she was in,.ohe.was dragged into the Defendant's shop,. and .41. 64 demanded for the bra-,ken . pane.. She had :no money in her pocket . , and her tnisfresA wit; without that. Am; otter, however, was made to leave the bundfe,...Witich contained ;.rticles of gteattr value tkan 45,.t3d. aka security for the repair of the window, Mrs. Patilaife observing that she lead a brother wit 9 was-A , glazier, and site would send him on. the Nlond4,tolluAing (tits Sktirdly) ,to reinstate the ,hro,heti 'pane. this the.Detendant clitr)urred, and tictrianded Mrs.: Pidirjg`q.' addr , 'SS Obstrtinlg that, most have. the .wlo . klow mended immediately, tuld that fie would be iia4l, or send the girl -.to the cortv.er. . . LUNb.UN: P Owed by - c►A D 11; RRts; Of No. A l a f 4ctlett- court ? thtkv-4t , e4g . i 4n(i:P 115 0 11 P IbY W I LLI Ati 14 / 5 "..er-c? 5. ". 4 . 311 " S """ —I TI 2 ' ; • t the SUN-UFFICII, No. 11 V Strand ; vitiveilisevitile;p6'Fcrers toy the:Pauer, etiers forilie Editor, &c.7,t)r.ut:pitz;i;lll.,:,.,t COUR - I'OF COMMON rt..tAs, - AIAR cif L. iND Asrzq.iAz JUICY, Twiiiirmow This was an anion to recover the atnonrit of pre-: miutn paid cup effeaing a policy of insurance lie ship Commerce, 'booty{ from Liverpool to Mira - mitchee, in the Guiph of St. L4wrence, whin not btten heard of since her f ailing, and was pre- Awned to helm. Mr.. Rich:m.49n, a broker, stated, that tie bat rt.ceived a. letter from the 'house of M‘Dewell and CO. ot'Llverpool, instroating him io effed . it policy of insurance on the ship Commerce, then on her voyage ; and, in consequence el this instrua;on, he applied to several und,:rwriters, to know the rate at which they would make the insnrance, an],. among others, to the Defendant ()swirl, who agreed to &Re., elite. the policy at eighteen geioeas per cent. ici:e witness averred that lie had n to Mr. Osv)n thc. letter be had received, witich it WP-19 exptesied that the Ship Commerce. had „sailed trom Liverpool ter IVliramitchee, on the t4th of April, 1.807, and w3S expected to . arrise .at her port of ne.:riinatien in ; few days; and, finally, the policy wasqffec . ted oh the 19th of 0407, at the tate , agremil nn.-- -Sitioe t hat period thelilltp had not been hear;l of. :1.c.993/).lniti..s.r 1114 t his the i n rinicc had bocci effedo. ottly r tor the voy.ge,otitwartt,i, as no W4,s hrou l y,tit torixt'ard to pr6vertwti..-.'r I the %/lip ltd or ha‘t not - milted at herdestined port, :. . and: . 4. n was specified. in the policy that she was to .. hire the liberty of exchanging goads, and of trading. from port to port, she might, in ail* probability,-be *, ~ .still tr,aditig in•the West. Indies, - ..n0 evidence being brought of her absolute loss ;• he dtd - not, thereforey cOnceive thereftras any-real ground fOr the.action.- ---, ' ,Mr. l Serie.artt, VAUGHAN expressed his opinicin; that from the tapse of time since the ship had sail, eel from_ Liverpool, in -.April, 1 tr37,'10 the month of -',. ' March, 1809, during which tiine no accortnt hail • been:received ,o 1 her, little doubt could he entertain.- ....eft office being coMpletely-lost -;. but if hereafter sot; - 4 should be recovered, of course the underwriters would.have their remedy against. the Sail:Jiff, itud ',"" - A eceover,whatever they had paid.. It-appeared, h 0,, - : -11 ever, that several ireSsiAs had 'retbrited 'from Mir4 , -, .-•.-,-- , .mitchee since the period of the Commerc.e,-..sail' 4. 1 from Liverpool, none of which had heard any todurs* of her. ~ TM'S:- eir F untstance, added to her tie t having been heard of .At her destined port, lie h: - ', lieved would' be allowed as a demonstrative pruol 4.,f I her absolute loss. ,- . . The propriety of this argument was allowed by •'' ''thiCourt: ' • - Mr. Evett was then called on the part of the-Dc- fendant, and stated that he, was present when Mr , Ilichardlon applied to Mr. Q•Avin• to • effe& the , ill- I surauce on the Commerce, and that M. itich;,rdson stated to Mr. Oswin that he had seen that vessel three seeks previously in - dock at Liverpool ; that .., , she was a.new.aud excellent vessel; that he thought" 1 the insurs,nee was a very fair tisk ; and that the `A:. ' • s 1 ‘eciiald Sal' in three dayi.. In constquence' eftl t,' '.'.. !.. representation, Mr.. Op,vitv effetied the insurance.-- ' Witness was of Opini.m, r. fi . that had Mr. s * het.vn the letter, specifying the period at which tba. Commerce - had sailed from Lierpool to Mr.QiW i r' no insurance would have been efi'''eOted. - As t - t ,voyage. to 11 , Iiramicchee was' generally perforwed tole ' .fotir .or 1,.e weeks at 'fartitest,.c, dsequently„ .oo Ye I 2611i.0f July, when. the instnance was diectecl,.itom the period whiCh hart elapsed the vessel must Itays . • I i been eoroidered"as a lags. • - •• Ntr..itiehardsoti, on his Cross.-examiqation, stated? ', that .041"n•Ite‘rneratione.ii having seen a shi:p 31" I , t- . verpool; ke,„ . .o,ll4edte*;.he Endeavour, fur whit:lo l e. . '• xv`ps also effeeting an insrtart4 - -, and persii'od that ha ; I . had she*.it' the letters of ortleir to Mr, 03,,'W 111. ! .14 , 4:.Aatirt, an uude.rwri:ter,.: was then examined.. ; ,`. He stted, that the voyime:frnm Liverpo'.)l..to - i l 4l,its - • mitehre:WaS:generaily,perfortited• in tnree .weeks, , . • : lexcept la ,coses. of fog, .or.. the ice:comin,i.; ilol'it the 1 • riter St'..Lali: - .rence, -but that, c-.. , vep h those instjo7.• ce3, ave_.,eks ,v,..ivilkoll g ill 3 10. rig v oy,itii... • • : • , •••.' ....41'.. Justice MA Sff 110.1) iLivi3v ~,nillmq,i up - tha , ; erid.:.nce,- the Jury rat wiled a verdia for the Plaintiff .--Datuages 1001. -,. . . , • • .x. • .., - • DEFORR, A . COMMON J(7IIV. ..... TH.9:445 ii. SWALWE. • : ;1:1:?• Pliiiillo-13.114is Cas:: WA* bitrk . r. to Mr,4.-5.41 1 0 ,. ? '• ht fristaeltron .. InonS; of ..Finsburv:stinarr, qtald , 4 - ()IL.' , - , h ,' i jvi.. 1 against* the . Defelidaut - , , , , W ho, '''','," g. a 1. "`:, 1 :-:: ' ! . ' "f•'' t hist , s;iti,re .family, 'for ..5LAnc 4 ri. : ...',,C9.4 grbt.... , • .' r, •_,, .\., 'aaioo ojiginitetl,im., u--wetie of ." liig.ti. i • -iite; 1-P-2".:_. ; 1 t i, Stiiiis," - in the kitci.rinof ' Nit'. -Silloololi4. A 1467 I ' 0-a . f, , 1 "'"Cti "ii '' - til d ' I . .tttitaque r o .- part, t e ratern: yel g as,ern a•. ,•, ~, [. 141- , AtiEli. ili Plaintidtfinesitled as mister of t he,ftm . t.' , utieetZlibdei rtiati bean dispateiwd,' 'and wine4o,4o'!, 1' diwel, ' ttrwe• topics iof , converiati6ll-sCri . iii - eiCO lll 7 1 tb '1111:' Varty -it ) semidetl;, - were conimetwkAl, and! ". i i ' . iih . )orir , 4rolhets; ilileirtkpertitt . isiteror volts bee:Oda' ' . matter cif diseiti-sion; wik.ll , unfortuttaoily gyveriia • , . to a &Tut& between - ,the Plaintiff' and.Ditood.tittp,,' the latter-brivilYer received'a of' boOts t-o•tia had e , pair . . ~ , vi,itailt at lits'ntaiter's hbuse,-xylticivtilti.lo';44)" .. ` , : . “"! i ceived apiiclufnesi to. his departrtn,4o4 . los l 4',..';'.l' s- some '''‘Var rn . argtt in en t,. t hat *dKl- riot seem: salti 4- . 1 e 1 ; ' safkfa6tory-to either of the partiesitecaattat' ls.l. " t : ..i 'toth,e ctibittrte..itit* .ad howimni; and ittiAtle•i f -'sl e :" . .' whidlfwas . 9t length interrupted by the interPostu u " of tha surroundino , antl , mtire .peaceable me .01 ei ' • the party. - This ioetbod.of.satisfaaion being dectio.` . i.tli PetendAnt; he proCeeded , to express-his wrAb - 1 , ! in the' Most - opprobrious- terms I, and,- forgetful of t. the adage, " neseit Vox misia- reverti," accused the Plaintiff of an abominablavffence; forthis.charge, ' ' ' ivhial>-Wass afterwards repeated,; the present aettaa wits . 6o r tight. . ' ''-` .., •,-,! t 1 , 'lt, dic.l' riot appear, ho w e v e r ,. that the - nary stl s- : ; .: # gained had been eery ostensive,. and that, to 4- ',:; - ,, ;, I filo'pit!..e.t: fused was merely that. which is Sri gclie• I rally ,arid o disgracefully used by the lov;.t . nr eicisi of.. scseicty, without probably any meaning in' its ultt!r -i nnct; i and, an bri tbe Jury receiving their charge, they , . , relyr4cci 4 verdiCt for the ri , - 'II -D ,images 40t; ~ mutt -,....-,. =acres - . ~ BIRTH : . 1 Vestcrci,v, at.hcr mother's house . in .. Y.orii-plitre, lola LSI/ ..r Sir Ld:iitzt.d'eartnkton, or a Son. - .. :. . _